tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they are suspects. >> they never showed signs of any violence or wanting to harm people. they were great members of our society. i remember a great friendly giant. he cared for people. more on the reserved side. they respected life at one point and i don't know what happened.

>> joining me from boston is michael tracking the new leads and joining the fvgz former white house counter terrorism official, an nbc analyst. it is good to have you here. i think you can hear what the mom is saying and also what friends are saying. i want to start with you because we have homeland security secretary janet napolitano speaking about the investigation at a hearing on immigration. i want to play that for everybody. >> dhs continues to support the on going investigation working closely with the fbi, our federal and our state and local partners. we will learn lessons from this attack just as we have from past instances of terrorism and violent extremism. we will apply those. we will emerge even stronger. >> so let's talk specifically about the possibility of more charges that could be coming against tsarnaev when he is formally indicted.

how will that work? >> this is a state crime. it is the murder of the mit police officer. it was conspicuous that this brutal crime that was not in the criminal complaint we saw yesterday. we had heard just before the carjacking that the tsarnaev brothers had killed this mit police officer, sean collier. there was no reference to that because it is a local crime. we could expect almost certainly to see state charges on that soon. and it may get incorporated into the federal indictment at some point. but it is a state crime, not a federal crime. >> we know that investigators are following all kinds of leads. however, the family of tsarnaev remains part of the investigation. we know the suspect's mother met with russian authorities today. what role is the family, tamerlan's wife, what role will

they play in furthering this investigation along especially if the mom is giving interviews saying she believes the boys are innocent and they are basically being framed? >> the interviews with all of the family members as well as friends and acquaintances will be an important part to build that mosaic of information to allow us to truly understand these two brothers and what led them to conducting monday's attack. the mother is particularly fascinating because when she became increasingly devout tamerlan gravitated towards her and there is an interesting question about what influence she had over tamerlan and the influence he had over his younger brother. >> and there are reports of the side story that friends of tamerlan think he may have been involved in a triple murder that took place in 2011 that took the life of one of his american friends, someone described as

his best friend. what are authorities saying about that investigation because it was a cold case? >> i just spoke a little while ago to the district attorney's office and they confirmed it is an open and on going investigation. i think we have to be cautious on this one. the links are a bit tennious. apparently some relatives of one of the victims thinks there may be a connection based on comments from some of the friends but it is not clear exactly how close that the relationship was between one of the victims and tamerlan. there is some disputed reporting on that. and they are not confirming that tamerlan tsarnaev is a target or subject of the investigation right now. so i think right now we have to be a little cautious. i want to make one other point about disclosures yesterday about what dzhokhar tsarnaev had

to say to investigators about there not being others involved, that they did this on their own and they were motivated by islamic fervor rather than being directed by an outside group. obviously fbi is going to check that very closely to see whether that story holds up and whether there were any outside directors to this. but it is worth noting that that actually was not in his interest to say that because at this point given the overwhelming evidence that the government has the only leverage he has to avoid the death penalty or the strongest leverage he has is to give up somebody else and point the finger and say as part of a deal i will tell you about these outsiders, outside groups, other terrorists in the area. and by saying nobody else was involved it doesn't help him in

that regard. he may change that story over time. we'll have to wait and see. immediately that is one aspect of this. >> let me ask you about that because as mike was pointing out it doesn't seem to be in his interest. it could be a red herring the fact that he is telling authorities that he and his brother acted alone and said they learned how to make bombs on the internet. isn't it naive to take that at face value and not think they could be part of a cell. this is what the department of homeland security exists for. this is what counter terrorism experts like yourself exist for. >> he nearly died from a gun shot wound. he is heavily sedated. these statements are going to be kwaub rated and looked at based on and aligned with other information we are finding from communication and phone records and computer records and

interviews. we will talk to the russians to see if they can do corroboration. i think we can conclude that this was self-generated and no outside influence. we will find out soon. >> thanks so much. at 5:00 eastern the fbi is going to brief members on the house of the bombing in a top secret meeting and sometime today members of the intelligence committee will get a briefing. we are learning more about some of the victims. boston's children's hospital say there is a 7-year-old girl and an 11-year-old boy who is listed in good condition upgraded to fair. both are suffering from several leg injuries. joining me now is democratic congressman of massachusetts. he will be at the briefing moments from now.

what questions are you hoping to hear answers to today at this briefing? >> it's hard to tell. i don't expect to find out much more than we already know. these briefings i have been to in the past on other issues. >> for people that know of the fact and people that you live with in and around your community, what are they asking of you? what are they coming to you with questions about that they are hopeful you will be able to provide them answers for? >> everybody wants to know why. everybody knows that may be a question we will never have an answer to. it will be incomprehensible. a lot of the small businesses are starting to come back and trying to figure out what we can do. some individuals who were injured and families wondering what we might be able to do to help them. we are trying to figure that out now. i have never had to be through this situation before.

a lot of this is new to my office and a lot of people in boston. we are struggling to find out what the rules are and thou all works together. so people are patient. people understand this is not a normal situation. >> i think as americans we are struggling through this together and wanting to know the answer to why. before redistricting you represented watertown and the hill is quoting you as knowing the area very well where the shootout occurred. where were you when the city went into lockdown? and what kind of stories are you hearing now? what stories are starting to emerge about what went on in the city during lockdown? >> represented watertown before the redistricting. i will tell you i was home like everyone else. the law enforcement officials ask everyone to stay indoors. i did because i wanted our law enforcement officials to have the ability to focus their full

attention on finding and capturing the people that did this. that is obviously what happened. i hadn't heard a single complaint from anybody in boston about what happened. we were asked to cooperate and we did. we are hearing personal stories from people who were injured or from family and relatives and friends. we have learned a little more about some of the victims who lost their life, how close we all are. it is a closely knit city and it should come as no surprise how many people had some relationship to somebody who got hurt or in some cases killed. >> you directly because you know some of the victims' families. krystle campbell who is one of the victims who died went to high school with your kids she was laid to rest yesterday. you know the family of 8-year-old martin richard. have you been able to get in contact with them? have you been able to reach out

with them to find out how they are doing? >> i reached out and left messages. i have a strong opinion that it is not my role to interfere with their lives. i can't imagine the losses they have suffered. as long as they know people like me are there to help if and when necessary. they know if they need me or anybody else everyone stands ready to help. >> thanks for making time for me. i appreciate it. >> thank you. friends, family and colleagues are saying a final farewell to the mit officer allegedly killed by the bombing suspect. sean collier's siblings spoke. >> we are coping as best as we possibly can. we are a large and close family. we have rallied together at our parents' house trying to remember the best parts about sean. >> through his death i really

realize how good of a person he was. i wish i could have told him that while he was still here. >> vice president joe biden will attend the public memorial service for colier tomorrow. people who left personal items at the crime scene were able to return and retrieve them. plus -- the fbi released the crime scene back to the city in a brief ceremony. the u.s. flag was given to ma r mayor. canadian oofficials were able to bust a new plot. we will bring you the details ahead. calling it quits senator max baucus reportedly not running for reelection next year. is this fallout from his no vote

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so a new "usa today" poll shows support for strictic gun control measures is slipping. a poll shows 49% of americans are in favor of congress passing stricter gun laws while 45% are opposed. a poll earlier this month showed 55% down from 61% in february. all of this comes after a bipartisan bill that would have expanded background checks failed to meet the 60 votes which president obama called shameful. joining me now is democratic

senator richard blumenthal from connecticut. max baucus of montana will not run for reelection and he is one who voted against the measure. a liberal group had vowed to target him and others, mark prior of arkansas who voted against the measure. all face reelection in 2014. what do you think of the decision of baucus not to rerun? >> a surprise and a loss to the senate. he is a key figure in tax reform as well as a variety of other measures and extraordinary distinguished career and a decision probably based on family decision and larger career goals and the desire to focus on areas like taxes and other issues. >> as a connecticut senator does that anger you knowing he could

have voted yes knowing ahead oft that vote that he was probably not running for reelection and could have helped effort what would have been something, a major positive reform for gun measures? >> what frustrates, disappoints and angers me is the fact that we had 55 votes in the united states senate as well as 90% of the american people and the vast majority of gun owners all in favor of a common sense proposal to institute background checks, criminal checks on all purchases of firearms in the united states and that measure failed because of a rule that requires 60 votes and because of a handful of senators who were struggling but ultimately did not vote the right way. and i think that the focus going forward has to be on trying to bring those senators back. we'll hopefully have another vote during this session or before the next election but

raise the level of attention and awareness around the country and the level of rage that many people feel. >> when we talk about the boston effect and the effect it is having on conversations whether it is about immigration reform and gun control in washington right now, we have editor and publisher of the political report speculating that the boston marathon bombings may have had this effect on people thinking with the suspects on the run i wish i had something here to protect myself. what do you think about that and where that falls into the debate conversation? >> what we are still learning because the investigation is on going is how these two individuals obtained the guns that they had illegally. we know that they were illegally in possession of those firearms because the older brother had no permit or i.d. for them and the younger brother was too young to have such a permit. so the fact that the illegal

firearms were involved and obviously illegal explosives in this horrific terrible tragedy certainly heightens the concern and attention to the need for common sense measures to stop gun violence. i think there may be ramifications short term on immigration and gun control. the longer term dynamic here is that there is an epidemic, a real plethora of firearms, weapons of war in this country that needs to be addressed. and the bill that was before the senate did so in a very sensible way. i hope we can bring it back. we are not done. the senate said no to america but the people of america are not going to take no for an answer. >> does the president deserve the criticism that he is getting that he didn't do enough to see this measure go through? that he didn't use enough political muscle to get the votes needed? >> the president perhaps could have done more. he may be rethinking and looking back in hind sight. i am about my own efforts.

all of us are rethinking how to bring this bill back because i have no question that the president is fully engaged and committed to the core of his fiber and being having watched him with those families to make sure we have common sense measures to stop gun violence. >> connecticut senator, thanks for your time today. i appreciate it. >> thank you. i didn't say that. >> i don't mean you. >> i don't appreciate -- >> things get pretty heated in the senate hearing. are opponents exploiting the boston bombing? [ male announcer ] how do you measure happiness?

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preparation phases to reduce your risk like frying it like the chicken nugget. here are some of the other stories topping the news now for you. the two men arrested on charges of plotting a terrorist attack on a canadian train will be in court today for a bail hearing. they reportedly had direction and guidance from al qaeda in iran. 14 people were killed in the blast in texas. the tsa postpones the plan to allow small knives back on planes. it wants more input. flight attendants and air marshals have slammed the plan. the faa and airlines say it is partly because of the sequester forced furloughs. 400 flights were cancelled yesterday. more than a typical monday. and the suspect who replaced

osama bin laden was captured. he was been on the run. the former elementary school teacher is wanted on child pornography charges. and day three of the hearing for the man accused of sending ricin raced letters. ricin was not found at his home. at least 22 deaths are being blamed on the bird flu in china. and you might need to be 21 years old to buy a pack of cigarettes if you go to a new york city soon. mayor bloomberg wants to raise the age for buying tobacco products. federal law says the limit is 18.

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there are major developments in the boston bombing investigation. let's get you caught up to speed. the barricades are down on

boylston street in boston. there is good news coming out of boston. children's hospital says two patients with leg injuries have improved. they include a 7-year-old out of critical condition and an 11-year-old boy in fair condition. russell converted to islam after marrying tamerlan in 2010. there are new questions about what role if any the immediate family of the brothers may have played in their road to radicalization. luke russert is live in boston with more on that. as the city picks up the pieces trying to regain normalcy we are hearing new information about the suspect number one and the possible link that tamerlan has to a triple homicide that happened several years ago.

what are you hearing? >> reporter: it's an interesting story. there have been some speculation of local members of the community that tamerlan may have been involved in a triple murder of his best friend, a gentleman by the name of brandon mess. he was found deceased on september 12 in 2011 in waltham. we caution that we have reached out to the authorities where the investigation is taking place. they say there may be a relationship between tamerlan has been overblown but they are taking another look at it to see if anything links up that could be investigated more. it is something that a lot of folks who were friends with tamerlan went back to take a look at after they saw he was the suspected terrorist number one. in terms of returning to normalcy we are starting to see business owners are allowed to

go back to boylston street and check on their property. massachusetts department of public safety is doing a review of hazardous materials and they want to make sure the buildings are structurally sound. the top of the bomb ended up on the roof of one of the buildings. they hope to have the entire street open here in the next few days. right now homeland security secretary pa secretary janet napolitano is testifying. this is the second day of hearings on the reform bill offered last week by the so-called bipartisan gang of eight. senators raised concerns in the wake of the boston bombings. >> it has been reported that the older boston bomber travelled to russia and his name was misspelled. if this bill were to pass we

will continue to rely on airline personnel to properly type a name. if the background checks on the 12 main people who are here illegally are anything like they were in the boston bomber we are in serious trouble. >> joining me now live is democratic senator of new jersey that crafted the immigration reform bill that was filed last week. it is good to have you here. your reaction to remarks today? >> senator grassley is an ardent opponent of comprehensive immigration reform. i believe that no matter what this is the best reform bill for america's security, prosperity and to preserve our history as a nation of immigrants. if anything the only reason we knew about the brothers is because they were registered and that is how we quickly found out everything about them.

so we need to know who is here to pursue the american dream. if there is any shortcomings in terms of those who are given visas from other countries abroad to come to the united states immigration reform is actually an opportunity to make sure that we deal with those shortcomings. >> look at the ten angels because immigration reform won support yesterday from chairman paul ryan. >> we have a broken immigration system. if anything what we see in boston is that we have to fix and modernize our immigration system for lots of reasons, economic security reasons, all of those reasons we need to fix the broken immigration system. >> in the wake of the boston bombings we have republican senator rand paul of kentucky sending this letter on to senate majority leader saying we should not proceed until we understand the specific failures of our immigration. why did the current system allow two individuals to immigrate

from the united states to chechen republic. is this something that needs to be evaluated as an obvious crack in the system and something that needs to be looked at and examined very harshly? >> look, we have vetting already and we didn't need immigration reform to consider the history of those who might have come to this country to do it damage. the bombings of the world trade center showed whatever challenges there are in going through a vetting process to determine whether a person abroad should ever get access to the united states as a permanent resident or as a visitor. i believe that if anything i would rather know among the 11 million or so that are undocumented in this country who is here to pursue the american dream versus who is here to do

it harm. the only way to do that is to make them register with the government and determine whether they are worthy of staying here as they earn their way towards citizenship. i won't know that. defacto is the system we have now. if there is anything necessary to improve abroad with our embassies abroad the process into which they determine whether an individual should get access this is an opportunity to improve that. so i think that many of my colleagues just are against immigration reform when immigration reform has been generally known by some of the most ardent supporters of the nation's security like mccain to say this is an opportunity to beef up our security. >> when it comes to what you think or are hearing that house speaker john boehner wants to come to the floor, do you think it is coming more from you or from the house? >> in terms of?

>> in terms of immigration reform. there are two avenues to look at here what the house is doing and what you have been able to do in a bipartisan fashion? do you think he is more apt to what is coming out of the house? >> i actually believe that if we want to ultimately solve our immigration problem and reform a broken system which has many dimensions to it, the way to do it is to do it comprehensively. peace meal fixes don't solve our immigration system. this is about industry in our country. this is about security of our country. this is about making sure we don't have an under class that can push down wages of all americans. this is about making people come forward and register with the government. this has so many dimensions to it that a peace meal approach doesn't fix the problem. the unique coming together. we have had a lot of gangs of groups that have never been able

to come together. this gang of 8 produced a piece of legislation on a bipartisan basis from the u.s. chamber of commerce to the head of the cio from a whole host of religious groups, catholics, pentecostals and others to farm workers. we have had the widest spectrum of individuals who have come to recognize that our approach is the right approach. >> we like it when your gangs are productive. thank you for your time. gun control, immigration, a lot of big ticket items on the president's second term agenda. is his agenda in jeopardy. should prosecutors seek the death penalty against the boston bombing suspect? i woke up with this horrible rash on my right side. an intense burning sensation like somebody had set it on fire. and the doctor said, cindie, you have shingles. he said, you had chickenpox when you were a little girl...

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confirmed the law approving marriage equality has passed as expected after heated debate. the french parliament adopted the bill. 331 votes to 225. it is considered the most important reform law since the french abolished the death penalty in 1981. with terrorism back on the front burner on capitol hill there are new questions about whether president obama's second term agenda is stalled. with the defeat of gun control legislation in the senatet and prospects for a grand bargain on the budget and iffy prospect at best president obama's second term agenda is facing an inflection point on immigration reform. let's dig in. we bring in our tuesday morning political power panel and msnbc contributor, as well. managing director and former spokesperson for secretary lahood at the department of transportation and allison stewart and the host of the

alice stewart show. i want to start with you. there is a lot on the president's agenda before things get clogged up with the mid terms. as we look at the big picture items here we have guns and immigration and the budget defeated on gun control, the budget at an impasse what can the president do to reinvigorate the attention and energy needed into what he wants his legacy to be of a second term? >> i think immigration reform is going strongly. you saw paul ryan and marco rubio arguably the most important figures in the republican party are both for immigration reform. a much higher chance of passing than the other two things. the grand bargain the president is working on meeting female senators to talk about the issue. he is in meetings going. gun control the one part of that that is probably for now at least going to have a hard time.

maybe the president has a chance of getting two big goals accomplished in the next two years. >> two big goals accomplished. the role call is reporting the fact that the house may have the secret panel going on, immigration reform panel emerging to peace meal things through that the judiciary committee would be preferential to. is that what you are hearing it. >> it is what i am hearing. the question becomes is back to politics. the republicans really feel they have to get some kind of immigration reform bill pass td. . i think the bill the senate is doing now has a chance of becoming the law. i think the final law will look more like that than the peace meal provision. things in washington change quickly. >> and as you were saying the

fact that there is forward motion at least from paul ryan shows, alice, that there is an appetite for immigration reform around washington. as we look at what paul ryan has had to say about this and the fact that he recognizes that there is reform need do you think as perry is talking about and what we are seeing soming out of the house side this secret group that they are more likely to do something peace meal? >> i think it has to be grand reform. i think that is necessary for true immigration reform. i think the gang of eight, slow down, this boston bombing incident is a wake up call. we need to look at some good points if we are going to rely on airport employees to type in a name correctly and the background check issue was raised. these are things that are not

included. the question should not be should we look at the boston incident as immigration reform but why wouldn't we? >> there certainly seems to be a boston effect when it comes to discussions being had right now. as we look at the fact that background checks failed we are getting that news this morning that max baucus is not going to be running for reelection. i had the opportunity to speak with senator blumenthal earlier in the hour. >> going forward has to be on trying to bring those senators back. we'll hopefully have another vote during the session even before the next election but raise the level of the attention and awareness and the level of rage. >> this president has got to lean in hard and he has got to twist arms. and he has to let every democrat

know that they are on his list and they will be every day. did you see this list? it is going to be right here on my desk every single day. i am going to drive you into the ground politicly. i am going to destroy you. it is my goal to make sure that you regret that you ever came to washington, d.c. until you switch your vote. >> so that face doesn't need to be on the president's desk. how frustrating is it going to be and disappointing to know that maybe max baucus knew he wasn't going to be running for reelection when he cast that vote? >> i think that the idea that the president is going to crush people politicly in order to get the one vote he wants loses sight of the fact that there is another vote he will want the next day and another vote the day after that. it is a little hard for him to use the stick. i think the carrot works a little better. there are groups that are making

it clear to members of congress if you are not with us on this gun issue we are going to go after you politicly and run against you. and that is pretty potent. >> when it comes to someone like max baucus that is not going to be running for reelection, it seems as if this was such a critical vote that the president could have used a little more force to get him on board as opposed to have him vote no and not run for reelection anyway. it seems like a futile effort. >> you're assuming that this wasn't a vote of conscious for him. and he is from a red state. even if he wasn't running for reelection he may have -- it is probably a vote that is consistent with how he has voted throughout his career which might be a hard vote to change. >> and so let me ask you about that. is it interesting to see what is revealed after a vote is made and learn that max baucus isn't

running for reelection. >> i agree this could have been a vote of conscience. the president did lean in hard on all of these democrats that are running for reelection in red states through harry reid and pryor voted with the republicans on this and he said he's not going to be strong-armed by them. he's going to vote with his constituents and it's going to ruffle the feathers of democrats in washington. but those running for re-election. the dems in red states they're going to have to vote for what the constituents want. they want to see less gun restriction for the second amendment rights. >> it's an interesting development this morning. thank you so much. my thank to autumn of you, i appreciate your time. we asked, you answered, should prosecutors seek the death penalty against the boston bombing suspect. irene said no, i would rather he be imprisoned for life, no possibility of parole. let him suffer for his crimes.

then another response, no, clearly he was influenced by his older brother. we encourage to you keep the comments coming in. the conversation continues on twitter and facebook. for seeing your business in a whole new way. for seeing what cash is coming in and going out... so you can understand every angle of your cash flow- last week, this month, and even next year. for seeing your business's cash flow like never before, introducing cash flow insight powered by pnc cfo. a suite of online tools that lets you turn insight into action. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy.

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it's ladies night and it's time for the political sidebar, president obama is inviting the 20 female senators over for dinner, part of the ongoing white house charm offensive in hopes of creating a better working relationship with congress. among those attending, new york's kirsten gillenbrand, susan collins of maine, dianne feinstein of california and debby stabenow of michigan. the only no so far, new hampshire senator gene shahene. jeff charbonneau teaches science.

president obama got in touch with his inner geek where he talked to students discovering new ways to do everything from detecting pancreatic cancer to converting garbage into fuel. >> let me start by saying in my official capacity as president, this stuff is really cool. so the president also took part in one exhibit look here, pedaling a bicycle-powered water filtration system, former congressman, anthony weiner is back in the twitter-verse, the first thing he sent from his new anthony weiner handle is a link to a policy paper he wrote called keys to the city. and president george w. bush is mounting a comeback of sorts according 0 a new poll. 47% of his approve of eight years in office, a seven-year high. i'll see you back tomorrow at

11:00 a.m., joining me will be teri sewell, ann lewis, and mark mckinnon and ron reagan will be here. "now" is up next. i'm really glad that girl stayed at home. vo: expedia helps 30 million travelers a month find what they're looking for. one traveler at a time. expedia. find yours.

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